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Allahabad High Court · body

2002 DIGILAW 1 (ALL)

RASHMI DWIVEDI v. STATE OF U. P.

2002-01-01

S.N.SRIVASTAVA

body2002
S. N. SRIVASTAVA, J. ( 1 ) THE petitioner applied for appointment on the post of shiksha Mitra for Gram Sabha, govindpur, Kshetra Mohanlalganj, District Lucknow. She was selected by a committee constituted under the Government Order No. 2604/15-15-99-282/98 dated 26. 5. 1999, namely, gram Shiksha Samiti. ( 2 ) THE Pradhan of the village is the Chairman of Gram Shiksha Samiti. The papers relating to the selection were submitted to the District Basic Shiksha Adhikari, Lucknow for approval. On complaint, a thorough inquiry was made by Assistant Basic Shiksha Adhikari, Mohanlalganj who submitted his reported on 27. 5. 2002 on the ground that the petitioner is real sister of Gram pradhan and ineligible to be considered under the Government Order for the said post. On the basis of said report, order dated 27. 5. 2002 was passed. ( 3 ) ACCORDINGLY, by order dated 29. 5. 2002, the selection and the training in pursuance thereof of the petitioner as "shiksha Mitra" was suspended. The order dated 29/30. 5. 2002 passed by Basic shiksha Adhikari is Impugned in the present writ petition. ( 4 ) THE petitioner has challenged the vires of Clause 6 (Cha) of the Government Order dated 26. 5. 1999 which runs as follows : as ultra vires to the provisions of Article 16 (2) of the Constitution of India being discriminatory on the ground of descent Article 16 (2) of the Constitution of India is quoted below : no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of any employment or office under the State. " ( 5 ) LEARNED counsel for the petitioner urged that the petitioner was rightly selected and is entitled to complete the training in pursuance of the said selection as "shiksha Mitra" and the order dated 29/30. 5. 2002 restraining him from training on the ground that she is Ineligible to be selected under Clause 6-Cha of the Government Order dated 26. 5. 1999 is ultra vires and discriminatory on account of Article 16 (2) of the Constitution of India. ( 6 ) THE learned standing counsel opposed the contention made by learned counsel for the petitioner and urged that the impugned order as well as restriction contained in the Government order dated 26. 5. 5. 1999 is ultra vires and discriminatory on account of Article 16 (2) of the Constitution of India. ( 6 ) THE learned standing counsel opposed the contention made by learned counsel for the petitioner and urged that the impugned order as well as restriction contained in the Government order dated 26. 5. 1999 was rightly made strictly in accordance with law and is valid. The petitioner being the sister of the Gram Pradhan does not come within the definition of descent as contained in Article 16 (2) of the Constitution of India. He further urged that restriction contained in the scheme relating to selection of a near relative of Chairman and secretary of Gram Shiksha Samiti is reasonable and was rightly made in accordance with law. ( 7 ) I heard contentions of learned counsel for the parties. The first contention of learned counsel for the petitioner that the sister will come within the definition of descent and restriction contained in Clause 6-Cha of the scheme is discriminatory to the provisions of Article 16 (2) of the Constitution of India, is wholly untenable in law. ( 8 ) WORD descent means, as defined in Blacks Law Dictionary, hereditary succession or "title by inheritance in all cases is descent. " ( 9 ) IN the present case, there is no question of any inheritance as Gram Pradhan, real brother of petitioner who is Chairman of Gram Shiksha Samiti is still alive. The petitioner is sister of present Gram Pradhan and will not come with the definition of descent. ( 10 ) CLAUSE 6-Cha in the scheme was rightly incorporated as policy decision in the interest of mass basic education. ( 11 ) CLASSIFICATION of near relative of the Chairman and Secretary of Gram Shiksha Samiti is reasonable classification which is constitutionally permissible. Near relatives constitute a separate class. ( 12 ) IT is settled in law that Article 16 of the Constitution of India is only an incident of the general concept of equality enshrined in Article 14 of the Constitution of India in the matter of employment. It follows, therefore, that a reasonable classification is permissible under Article 16 of Constitution of India and that the equality guaranteed by Article 16 (1) is only an equality between members of the same class of candidates. Articles 14 and 16 are supplementary to each other. It follows, therefore, that a reasonable classification is permissible under Article 16 of Constitution of India and that the equality guaranteed by Article 16 (1) is only an equality between members of the same class of candidates. Articles 14 and 16 are supplementary to each other. ( 13 ) APPOINTMENT on the post of shiksha Mitra under the scheme to work in the basic schools run by U. P. Basic Shiksha Parishad is a scheme of mass primary basic education. The payment of rs. 1,450 per month will be made from the State exchequer. These payments are made from the revenue collected from tax payers, etc. The employment on the post of shiksha Mitra is a public employment. All qualified applicants are entitled to be considered on merits. ( 14 ) THE State is fully competent to introduce pre-requisite condition of selection and appointment as could be conducive to maintain proper discipline amongst the members of cadre. Above clause was rightly incorporated in the scheme to maintain discipline in the teaching cadre of basic education. In Banarsidas and Ors. v. State of Uttar Pradesh and Ors. , AIR 1956 SC 520 the Supreme Court has laid down law that: "such prerequisite conditions of appointment as would be conducive to the maintenance of proper discipline amongst Government Servants. " ( 15 ) IN case near relatives of the Chairman and Secretaries of a Gram Shiksha Samiti are allowed to become applicants for the post, it may frustrate the scheme. There is every possibility in the present scenario that only near relatives are appointed and best talents are ignored for teaching work in Basic Education which may ultimately affect the scheme and Society. ( 16 ) THIS Clause 6-Cha will exclude arbitrariness, favouritism, and nepotism in the selection which is to be made by members of Gram Shiksha Samiti of which Pradhan is the Chairman and members of Gram Panchayat (Gram Shiksha Samiti) are members of Selection Committee. This restriction is reasonable and is valid. ( 17 ) IN view of the fact stated above the writ petition is dismissed. .